U.S. Supreme Court
Today the U.S. Supreme Court denied cert in the Sprint v. County of San Diego and Level 3 v. St. Louis cases.
For local governments and telecom carriers in the 9th Circuit, this means that telecom carriers who want to challenge a zoning decision will in most ever case have to show that the local ordinance, AS APPLIED, acts as a prohibition to the provision of a telecom service.
Under the old, now overruled standard, a telecom carrier needed only to show that a local ordinance could prevent a provider from providing a telecom service (the so-called ‘facial attack’).
Tom Bunton, Esq., of the County Counsel’s office in San Diego is a hero to local governments.
Jonathan
Tags: Legal
Several times each year I receive queries about making cell site photos from my collection available for use in magazines and other publications.
I was contacted months ago by a French magazine, “LE NOUVEAU MAGAZINE DU PALAIS DE TOKYO” (”The New Magazine of the Palais of Tokyo”) to supply cell site photos for an issue of their magazine about electronic spying. This one I said yes to!
On June 1, 2009 I received in the mail a couple of copies of the magazine, and found the article by Matt O’dell titled, “Manipulations des esprits mobiles” (translation: “Mobile Mind Control”).
The magazine did a wonderful job with the color separations and the printing in their magazine.
My favorite quote from the Matt’s article is, “One of the most extreme conspiracy beliefs is that the masts are operating as a giant network of mind control weapons: That they are a part of a sinister plan by global governments to control the population.”
Wonderful! Click on magazine cover to visit their site.
-Jonathan
Tags: Gallery
…none are.
Forrester Research has just released the first in a series of reports on “SmartPhones” concluding that so many mid-range phones now have smart features, it’s hard to define what a really smart phone is these days.
“All mobile handsets are becoming smarter and Internet-capable. Yesterday’s smart high-end phone is today’s midrange phone and tomorrow’s entry-level phone. The ’smartphone’ category is no longer useful as all phones become smart.”
To redefine really smartphones in a smart-saturated handset marketplace, Forrester proposes a new trifecta to define future ‘real smarts’ in a cell phone handset:
1. Openness and extensibility; and
2. Consumption and creation; and
3. Utility and entertainment.
(No, I don’t know what those terms mean, either, but for US $749 you can purchase their report, released on May 15th, and find out. By the way, at 23 pages, your per-page cost is only $32.57…a bargin if the page count doesn’t include the table of contents; about the author; about Forrester; about etc.)
I propose labeling this blog as being 14G, which gives me a few years before someone proposes 15G, to which I must say, “Gee!”
-Jonathan
Tags: AT&T Wireless · General
The City of Modesto adopted a new, comprehensive wireless ordinance on April 28, 2009. I’ll post details of the new ordinance here, shortly.
Tags: General
At its conference on March 20th, the U.S. Supreme Court considered whether to grant certiorari (the so-called “Rule of 4″) in two key cases dealing with the Telecom Act, and specifically with the interplay between Section 253 and Section 332(c).
These cases, Level 3 v. St. Louis and Sprint v. County of San Diego, address local government controls and the reach of telecom ordinances. St. Louis deals with wireline issues, while San Diego deals with wireless issues.
Rather then deciding to grant or deny cert in these two cases, the Justices have asked the new United States Solicitor General, Elena Kagan to file a brief containing the views of the United States on these two cases. Call it a “Who Wants to be a Millionaire” ‘Call-a-Friend lifeline’ or a “Cash Cab” ‘Street Shout-Out.’
Sometimes called the 10th Supreme Court Justice, the Solicitor General is occationally ‘invited’ to weigh in like now on certain cases brought before the nation’s highest court.
I expect that it will be at least several months before the Solictor General gets through all of the industry and governments briefs and letters designed to suggest how she should advise the Supremes, and writes her brief.
Tick…tock…tick…tock…
Tags: General
Should cell phone tower data be made available to law enforcement without a warrant? That what the US Department of Justice (DOJ) would like to see.
In an appeal filed in the U.S. Court of Appeals, Third Circuit, the DOJ says it should have the the authority to compel wireless carriers to provide cell phone switch data that is historical in nature, and without the need to first obtain a warrant.
The argument posed by the DOJ is that historical records of cell phone use and towers used by a subscriber is not akin to a pen register or trap-and-trace devices, thus no warrant should be needed.
The problem for the DOJ is that cell phone records, and specifically records of what towers were used, amount to location data, and telephone number data (as would be disclosed by a pen register). It’s hard to understand why the DOJ thinks that the same data that would require a warrant where it in connection with a landline phone would not need a warrant if in connection with a mobile phone. The DOJ rests its argument as follows:
Under the longstanding canon of expressio unius est exclusio alterius (“the expression of one is the exclusion of the other”), a court should presume that if “Congress wanted to include such a requirement … it knew exactly how to do so.”
This, of course, is silly since it presumes that Congress knows all technology now in existence, and what will come into existence in the unforeseeable future. It is essentially a loop-hole way into saying that what Congress didn’t know is what it intended to omit. Yeah, right.
For an example of how the police use cell phone tower data to assert that someone is somewhere when something is happening, look at the following excerpt from the Affidavit for an Arrest Warrant for one Donna Moonda, which is found on the US DOJ website:
With the assistance of the cellular telephone companies involved, investigators were able to map out Damian Bradford’s travel on May 13, 2005, by accessing cell tower locations where the calls were routed. It has been confirmed that Damian Bradford was the individual utilizing the cell phone through numerous interviews with individuals who either called Bradford or received a call from him. In the early afternoon hours of May 13, 2005, that information showed Bradford moving North and Donna Moonda traveling South in Pennsylvania to a meeting location mid-way between their residences. Shortly thereafter, Donna Moonda traveled back to Hermitage and Bradford traveled back to the Aliquippa area, north of Pittsburgh, Pennsylvania. In mid-afternoon, Bradford traveled North until he eventually reached Hermitage, Pennsylvania, between 3-4 p.m. At approximately 4:30 p.m. the Moondas, along with Donna Moonda’s mother, Dorothy Smouse, left Hermitage, Pennsylvania and traveled on the Ohio Turnpike on a planned trip to Toledo, Ohio. Cell site information, along with time/distance calculations, showed Damian Bradford moving in sync with the Moondas from Pennsylvania to the Ohio Turnpike.
In the end, what the DOJ wants is a judge-made exception of the 4th Amendment. That Amendment prohibits warrantless searches, which is exactly what the DOJ wants in connection with cell phone records.
Tags: Legal
Several recent articles have appeared linking cell phone usage while driving (or merely walking on the streets) to a higher rate of traffic-related deaths.
In an article titled, “Danger of Cell Phone Use: While Walking Or Driving, Cell Phones Increase Traffic, Pedestrian Fatalities” published in Science Daily on March 8, 2009, several new studies about traffic deaths related to cell phone use are reviewed.
The “life-saving effect” occurred as the volume of phones grew into the early 1990s, and increasing numbers of cells were used to call 911 following accidents, leading to a drop in fatalities, explains Loeb. But this life-saving effect was canceled out once the numbers of phones reached a “critical mass” of about 100 million and the “life-taking effect” – increased accidents and fatalities — outweighed the benefits of quick access to 911 services, according to [Rutgers University, Newark, Economics Professor Peter D. ] Loeb.
Here is a link to the AAA Foundation’s December 2008 report.
Sobering stuff! It’s the ultimate early termination fee.
Tags: AT&T Wireless · General
In what seems like a frontal assult on MetroPCS and Cricket, T-Mobile has quietly rolled-out a customer loyalty program: If you’ve been with T-Mobile for at least 22 months, you can signup for a $50/month nationwide voice service.
This type of pricing would be an interesting run on MetroPCS and Cricket, which offer all-you-can-eat fixed pricing, but with limited service areas (go outside and you pay hefty roaming fees on those two networks).
No, the T-Mobile program doesn’t offer data (you can get that for another $35/month), but if you’re a traveler and do nt use da ph 4 txting then it’s a good deal.
Jonathan
Tags: Site Planning · T-Mobile · Texting
Sprint is featuring this nifty little Motorola handset, the i365IS, which it says “…is incapable of releasing sufficient electrical or thermal energy to ignite fuel and cause a fire or explosion. Intrinsically safe devices are safe to use in hazardous areas that may contain flammable gasses, vapors or dust.”
Cool!
The basic specifications for this little gem are:
- Form factor: Intrinsically safe, Mil-spec certified ruggedness in a monolith form factor
- Dimensions: 5.3’’ x 2.1’’ x 1.2’’ Weight: 7.05 ounces
- Network: iDEN® 800/900 MHz for Nextel Direct Connect1, interconnect and data
- Display: 64K colors; 130 x 130 monolith
- Battery Specifications: Max Capacity Li-Ion
- Talk Time: Approximately 300 minutes3
Sprint also describes special safety features of this phone, which should sell like a barn burner! (Sorry, bad puns are de rigeur around here). They include:
- Intrinsically Safe2: The i365IS offers a protection technique for safe operation of electronic equipment in explosive atmospheres, when used with IS battery and accessories.
- Bundled Advanced Features (AFU)
- Emergency Group Call – Takes priority over all other phone activities and makes a special emergency tone in the phones receiving the call. In an emergency, reach everyone in your group instantly.
- Multi-Simultaneous Talk-Group – Listen to up to four talk groups at a time. Don’t miss any important details or safety information.
- Isolated Site Operation – Allows user to continue to make and receive group calls on the hub last used, even if the connection is lost. Ensures that no one is left behind.
- Status Messages – Send call alerts that include predefined text messages to get right to the point.
- Ultra-Rugged Design: The i365IS is a rugged and durable monolith handset certified for military specification requirements including humidity, blowing rain, dust, shock and vibration.
No word on pricing, but Sprint sells the Motorola i365 that is NOT intrinsically safe (the IS suffix) for $239.99 minus an instant discount of $150.00 for an end sales price of $89.99. I expect the -IS model will be a wee-bit more than that.
Jonathan
Tags: Sprint Nextel
OVERLAND PARK, Kan., Feb 06, 2009 (BUSINESS WIRE) — Sprint Nextel Corp. (NYSE:S) will release its financial results for the fourth quarter of 2008 on Thursday, Feb. 19. The results will be posted at www.sprint.com/investors at approximately 7 a.m. EST. Sprint Nextel management will host a conference call at 8 a.m. EST to discuss the results.
Sprint Nextel Conference Call Information
Date: Thursday, Feb. 19, 2009
Time: 8 a.m. EST
Call-in Numbers: Toll free: 866-763-0020 (US/Canada) -
ID Required: 83732306
International: 706-902-1194 – ID Required: 83732306
Please plan on gaining access 10 minutes prior to the start of the call.
A simultaneous webcast will be available at www.sprint.com/investors. Please note that questions may only be submitted through the conference call option. Replays of the conference call will be available shortly afterward by calling 800-642-1687, and entering the code: 83732306.
Tags: Financial · Legal · Sprint Nextel
